• Title/Summary/Keyword: Medical law

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Study on Medical Treatment by the Zang-qi-fa-shi(藏氣法時) (장기법시(藏氣法時)의 관점(觀点)으로 본 치법(治法) 연구(硏究))

  • Kim, Hyun-Jung;Kang, Jung-Soo
    • Journal of Haehwa Medicine
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    • v.16 no.2
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    • pp.99-107
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    • 2007
  • Keeping in step with four seasons, Spring, summer, autumn, and winter, the heaven and earth(天地) has been born(生), grown(長), coverted(化), gained(收), and kept(藏) by interaction of yiyang and yuqi(五氣: 木火土金水). And according to Naiching, human being is born with energy of heaven and earth(天地之氣) and is grown with the law of four seasons(四時之法). So, we now know that the human's body and nature interact each other. The oriental medical science has been studied the effect that the nature's change influences on human body. Now, I get some idea that using herb medicine and acupuncture should have hanged following the change of four seasons. We know that there is a cycle in nature. Every day sun arise and down, and every month moon gets full and new. And every year, four seasons orderly change, from spring to winter. All of this is the law of nature and human body adapts this law. Man always shows the physiological phenomena which changes under the law of nature, especially the turning of the seasons. Therefore, we should use different medical methods in different seasons.

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Analysis of Media Trends and Social Perceptions on Nursing Law Legislation (간호법 제정에 대한 언론 동향 및 사회적 인식 분석)

  • Lee, Seung-Hee;Joo, Min-Ho
    • Journal of Korean Academy of Nursing
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    • v.53 no.4
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    • pp.439-452
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    • 2023
  • Purpose: This study aimed to derive considerations for the enactment of nursing law by analyzing the trends and social perceptions of nursing law mentioned in major daily newspapers, cafes, and blogs. Methods: Main texts and comments that included nursing law as a keyword were collected from major daily news and online postings from January 2021 to August 2022. The data collected through web crawling were analyzed using a TousFlux program used for big data analysis. Results: During the period of study, the awareness level around nursing law enactment increased. In particular, public concern over nursing law enactment intensified due to the two political parties' policy pledges related to nursing law in January 2022 and the failure to introduce the nursing law to the national assembly judiciary committee in May 2022. Except in December 2021, public perception of nursing law enactment was generally favorable, with public opinion tilting more in favor of than against enactment. Conclusion: Public opinion should be considered when drafting and implementing the nursing law to make it easier for the people to understand what the law constitutes. In addition, it is necessary to pay attention to and continuously promote the relationship between medical care and nursing in the nursing law system of developed nations. Lastly, nursing law enactment can enhance nurses' retention intention and provide a sense of efficacy to medical services.

의학문헌의 계량서지학적 분석

  • 윤구호;이영철
    • Journal of Korean Library and Information Science Society
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    • v.18
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    • pp.61-90
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    • 1991
  • We analyzed the author's productivity and cited literatures to assess research activities of medical scientists and scientific properties of medical research in Korea by bibliometric research methods. We tested applicability of Lotka's law and analyzed the author's productivity by means of Brookes graphic model. And we measured core journals, aging factors and half-life in medical literatures by the Bradford's law and the law of obsolescence.

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The System and Content of North Korean Medical Laws (북한 의료법규 체계와 그 내용)

  • Hyun, Doo-youn
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.3-43
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    • 2016
  • The North Korean medical laws are consisted of 'People's Health Act' and 'Medical Act' in the peak of the North Korean constitutional law. Before the legislation of 'People's Health Act', a number of medical laws and regulations existed. But, at present, there is no information about its amendment and effectiveness. 'People's Health Act' legislated in 1980 declared fundamental principles and policies of the North Korean health care system. 'Medical Act' legislated in 1997 is the basic law among the North Korean medical laws. It presented the goals and fundamental principles of the North Korean health care, and then regulated the basics about 'Tests and Diagnosis', 'Medical Treatment', and 'Medical Appraisal'. 'Medical Act' of North Korea was established later than South Korea, and its provisions is smaller in number. And there are lots of abstract and declaratory provisions compare with South Korean 'Medical Act'. Especially there is no provision about the kind and requirements of medical personnel and medical institutions, so it is hard to grasp the North Korean health care system at once. Regarding the medical treatment, there are many similar contents between the North and South Korean 'Medical Act'. But, the provisions, such as regarding mixing the new medicine and the korean traditional medicine, encouraging natural therapies in medical treatment, and informing the patient's protector of bad diagnostic result if there is concern to have a bad influence on patient, are different from the South Korean 'Medical Act'.

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Medical underwriting aspect of disability -Follow to announce of 'law to forbid discrimination against disabled persons'- (장애인 차별금지 및 권리구제 등에 관한 법률'의 시행에 따른 언더라이팅에 있어 의적 측면의 고찰)

  • Won, Yoon-Mi
    • The Journal of the Korean life insurance medical association
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    • v.27 no.1
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    • pp.24-32
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    • 2008
  • The number of disabled person is increasing, and also the demand of welfare is increasing. In the developed country, the range of disabled person is broad, because the definition of disability is different among countries. On 10/Apr, 2007, the law to forbid discrimination against disabled person was announced and then it will be operated on 11/Apr, 2008, in Korea. It will need to evaluate conflict between this law and underwriting guideline. There is obvious difference between disabled and non-disabled on risk selection of medical and environmental aspect. More than 50% of disabilities are related to the diseases rather than accident. The role of underwriter is to evaluate the future risk of morbidity (admission and/or operation etc). The insurance company is required to make new product for disabled person and the underwriter has to examine the application of disabled without discrimination, and with respect for the disabled as a human right.

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Advanced Practice Nurse System and Unlicensed Medical Practice (전문간호사 제도와 무면허 의료행위 - 대법원 2010.3.25. 선고, 2008도590 판결 중심으로 -)

  • Kim, Kyoung-Reay
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.173-198
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    • 2010
  • There is a system in Korea named "Advanced Practice Nurse System" qualified by the Minister of Health, Welfare and Family Affairs for Advanced Practice Nurse besides nurse licence. Medical practice is, in today's medical law, understood as a general concept colligating medical practice, nursing practice and midwife practice and so on, for it is defined as a deed of medical technique practiced by medical personnel. Referring to the fact that the Supreme Court recognizes medical personnel as people who have medical expert knowledge, nursing practice can be recognized as a region of medical business and therefore it is not necessary to prescribe nursing practice separately from the definition of medical practice on a precedent, because nurse belongs to medical personnel. According to the precedent regarding 'Unlicensed Medical Practice of Advanced Practice Nurse for Anesthesia' recently sentenced by the Supreme Court, the medical practice is only allowed a doctor because it is 'in need of special knowledge and experience because of high danger on human body' and it is judged to be an unlicensed medical practice prohibited in medical law if it is to be done by a nurse. When considering the actual situation that System for Advanced Practice Nurse for Anesthesia is established under the circumstance that an anesthetist is in want and therefore the operation has not been performed on time, and that it is being expected an anesthetist to be in need, it is necessary to legislate for the range of medical practice of Advanced Practice Nurse so that Advanced Practice Nurse System can be practically legalized, for the role of Advanced Practice Nurse has the great possibility of shrinking because the precedent has considered Advanced Practice Nurse for Anesthesia doing anesthetic operation in clinic today as a potential wrongdoer.

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A Study on Irresistible Medical Accidents Victims Relief System in the Perspective of Public Law (불가항력적 의료사고에 대한 국가보상의 공법적 검토)

  • Lee, Ho-Yong
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.59-84
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    • 2010
  • Medical practice is characterized by various physiological response and uncapacity of prediction, therefore when medical accident occur it's hard to prove medical professionals' mistake. Though medical accident by medical professionals' mistake will be compensated anyhow, about irresistible medical accidents, no one should be not bound to compensate, victims get into very difficult situation. So, the nation don't negligent irresistible medical accidents but compensate anyway. As in the past, to the legal principle's constitution of irresistible medical accidents, theory of liability without fault was adapted, and it was said this theory was illogical in theory of liability with fault. But the subject of compensation to irresistible medical accidents is nation, nation don't participate in medical treatment therefore there is no room to occur mistake. And it is not reasonable to regard medical agency as a truster of public service, to cast to it responsibility of medical accidents. The problem of compensation to irresistible medical accidents is understood under the theory of social compensation. Social compensation is consisted of compensation to sacrifice and contribution to nation and society and compensation to sacrifice revealed under danger, the compensation to irresistible medical accidents belongs to the latter. This is near to concept of relief, is applied to national compensation system supplementarily, and compensation have no option but to compensate minimum. And there are not relation between national compensation system of irresistible medical accidents and proof liability transposition and theory of liability with out fault, merely in side of sharing responsibility burden between medical treater and victim, it is reasonable to discuss transportation of proof liability and compulsive liability insurance together.

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A Study on the Perception Changes of Physicians toward Duty to Inform - Focusing on the Influence of the Revised Medical Law - (설명의무에 대한 의사의 인식 변화 조사 연구 -의료법 개정의 영향을 중심으로-)

  • Kim, Rosa
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.235-261
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    • 2018
  • The Medical law stipulates regulations about the physician's duty to inform to contribute to patient's self-determination. This law was most recently revised on December 20, 2016, and came into effect on June 21, 2017. There has been much controversy about this, and it has been questioned whether or not it will be effective for physicians to comply with the duty to inform. Therefore, this study investigated perceptions of physicians of whether they observed the duty to inform and their legal judgment about that duty, and analyzed how the revision of the medical law may have affected the legal cognition of physician's duty to inform. This study was conducted through an online questionnaire survey involving 109 physicians over 2 weeks from March 29 to April 12, 2018, and 108 of the collected data were used for analysis. The questionnaire was developed by revising and supplementing the previous research (Lee, 2004). It consisted of 41 items, including 26 items related to the experience of and legal judgment about the duty to inform, 6 items related to awareness of revised medical law, and 9 items on general characteristics. The data were analyzed using SAS 9.4 program and descriptive statistics, Chi-square test, Fisher's exact test and Binary logistic regression were performed. The results are as follows. • Out of eight situations, the median number of situations that did not fulfill the duty to inform was 5 (IQR, 4-6). In addition, 12 respondents (11%) answered that they did not fulfill the duty to inform in all eight cases, while only one (1%) responded that he/she performed explanation obligations in all cases. • The median number of the legal judgment score on the duty to inform was 8 out of 13 (IQR, 7-9), and the scores ranged from a minimum of 4 (4 respondents) to a maximum of 11 (3 respondents). • More than half of the respondents (n=26, 52%) were unaware of the revision of the medical law, 27 (25%) were aware of the fact that the medical law had been revised, 20(18%) had a rough knowledge of the contents of the law, and only 5(5%) said they knew the contents of the law in detail. The level of awareness of the revised medical law was statistically significant difference according to respondents' sex (p<.49), age (p<.0001), career (p<.0001), working type (p<.024), and department (p<.049). • There was no statistically significant relationship between the level of awareness of the revised medical law and the level of legal judgment on the duty to inform. These results suggest that efforts to improve the implementation and cognition of physician's duty to inform are needed, and it is difficult to expect a direct positive effect from the legal regulations per se. Considering the distinct characteristics of medical institutions and hierarchical organizational culture of physicians, it is necessary to develop a credible guideline on the duty to inform within the medical system, and to strengthen the education of physicians about their duty to inform and its purpose.